Opinion
No. 110665.
September 9, 1998
Summary Dispositions September 9, 1998:
In lieu of granting leave to appeal, the case is remanded to the Court of Appeals as on rehearing granted to address whether the trial court abused its discretion in denying plaintiff's motion for mistrial. MCR 7.302(F)(1). Contrary to the decision of the Court of Appeals, a ruling on that issue is necessary because the defendant's cross appeal was in support of the trial court's denial of the plaintiff's mistrial motion. In its brief in the Court of Appeals, the defense sought as relief an "order affirming the lower court judgment as well as the lower court's award of mediation sanctions. . . ." Although the substantial rights of the defendants may have been affected by the trial court's limitation on the cross-examination of Dr. Jankowiak, that does not authorize the Court of Appeals to impose a new trial on a party that not only did not seek one but which explicitly requested an affirmance. Only plaintiff sought a new trial, which would be appropriate only in the event that the trial court abused its discretion in denying the plaintiff's motion for mistrial. Jurisdiction is not retained.
Court of Appeals No. 194848.